Emotions can be very high before and during a divorce. During this time period, it may be tempting to vent some of your anger or frustration online about your soon-to-be-ex. Maybe it’s a way of getting back at them, or maybe you just want vindication that you are on the moral high ground – whatever the reason, it’s very important to stop and think before you post.
Can a Post on Social Media be used against me in Court?
One thing is very clear: anything you post online is admissible in court. Even if you make a post in a sudden burst of anger or annoyance and then quickly delete it, the other side may use it against you.
It is important to maintain a level head throughout your separation. Regardless of what has transpired between you and your spouse, focus on being civil and take the time to think your actions through. Carefully reading your post before pressing “enter” is a good way to catch any hurtful or derogatory remarks that you may have slipped into a message without even thinking.
Representing Yourself in a Negative Way
Other instances where social media could hurt your case is if your post seems to go against your claims in court. For example, if your claim is that you are in dire financial straits, but then have posts at extravagant restaurants, events or on a beach somewhere, it may severely damage your credibility.
Posting images where you are holding a drink in a vehicle for example, or engaging in any sort of action that could be interpreted as reckless or neglectful, could have negative repercussions as well. It’s also important that you monitor “tagged” photos of you posted by friends or family that may be used against you in court.
The Danger of Snooping on Social Media
Another important point is that you should avoid accessing your spouse’s social media accounts to try to dig up dirt or evidence against them. Even if you have the password, there can be legal ramifications for this kind of unauthorized access. Signing into, or searching, your spouse’s social media accounts during this emotional time is not wise. Let someone who is not as emotionally connected review your spouse’s social accounts, such as your lawyer or a member of your legal team.
The more popular social media becomes, the more likely it is to be used as evidence in a court of law. Be aware of how you present yourself on Facebook, Twitter and other social websites so that you don’t find yourself regretting that online outburst later. If you wouldn’t want the judge or your spouse’s attorney to see it, then don’t post it!